PRA Letter of Claim - old Barclaycard debt

[paulhn757]

Hi.

I've had a debt with barclaycard for a few years, the account was defaulted over a year ago and I have been paying them an agreed token monthly payment (£10).

They have written to me to say they have now transferred the debt to PRA group and I should continue to pay them.

It says any payment arrangement will stay in place for at least 6 months before they 'review' the account.

I was quite happy to carry on paying BC, with a view to eventually paying off the full balance (just under 7k) but selling it on has annoyed me and I hate paying these leeches who have probably paid less than 10 in the pound for the debt

.Is it worth sending them a CCA request straight away or leave it for a bit in the hope they will lose any paperwork in that time?

[dx100uk]

yes CCA request.

lots of these been sold to PRA recently. quite a few threads

[paulhn757]

OK thank you

[paulhn757]

Hello

I had a debt with BC bought by PRA a couple of years ago.

I've been paying them absolute minimum for a while

after doing a load of reading on here I sent them a CCA request in December.

They replied with a copy of the t+c but no credit agreement and the letter said the debt is unenforceable.

I then received a few copies of statements from them a couple of weeks later and a cover letter asking me to contact them which I have ignored.

I'm now getting daily phone calls from them (blocked but going to voicemail) and a letter and email saying they have passed the account to their 'litigation team' for further action if I don't contact them by the end of the month.

Is this safe to continue ignoring due to the lack of a credit agreement or do I email them back reminding them that it is still unenforceable?

Thanks

[lolerz]

Ignore totally until you get a Letter of Claim.

[dx100uk]

old and new threads merged.

if you'd CCa'd them almost 18mts ago when advised too, you would not have wasted all that money being a nice DCA cash cow.

[paulhn757]

Thanks. Unfortunately a family bereavement pretty much put life on hold since,but there you go...

[AndyOrch]

Sorry to hear this paul  please accept our condolences. You can now get it back on track and sort it.

 

Andy

[paulhn757]

Thank you Andy

[paulhn757]

Quick update.

I've now received a letter before action from them with a PAP form to return enclosed, still no credit agreement however.

I assume just a case of following the PAP thread and returning form with no CCA as the reason?

[AndyOrch]

https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126

 

[paulhn757]

Just to clarify then, should the reason I am disputing the debt be that they have not supplied all the relevant paperwork (CCA) and the debt is therefore unenforcable?

[AndyOrch]

Have you previously requested the agreement by a CCA request ?

[paulhn757]

Yes, a few months ago.

They wrote back saying there was no CCA and the debt was unenforceable.

I then started getting bombarded with threatening emails from their 'litigations team' which have been sent to spam.

I've now received the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforceable.

Thank you.

[AndyOrch]

Then yes . "The assignee is unable to comply with section 78 of the credit Consumer Act 1974 and is therefore prevented from enforcing the agreement until such time it can comply."

 

.

[dx100uk]

hit letter of claim

follow post 2

despite repeated requests, the claimant has failed to produce any enforceable paperwork.

[paulhn757]

I have received a pack from them containing a reconstituted credit agreement, no names, signatures etc just a photocopy of the wording. Some statements, the NOA, and the account T+Cs, and a budget calculator.

Their letter states

' I appreciate you have requested a default notice, I have reached out to Barclaycard to request this. However this is not required to fulfil your CCA request. Once a response has been received I will be in touch to advise.

I trust that these details satisfy your CCA request. We have now fulfilled our obligations under the CCA regulations'

It then goes on to say the account is on hold for 30 days and if they don't hear from me by 19th May it will reopen for further contact with various threats of court action etc.

[lolerz]

scan and redact all but the statements please and upload.

IF there's no names or signatures it's bogroll but best to confirm this.
 

[dx100uk]

thread title updated

[paulhn757]

Ok I think thats worked fingers crossed.

Edit: For some reason it looks like the first page has ended up at the bottom of the document

 

 

 

PRA Barclaycard (base) PAPLOC return (1).pdf

[lolerz]

Bogroll.

 

[paulhn757]

Thanks. So just continue to ignore? Are they likely to start court proceedings anyway?

[lolerz]

have you responded to the letter of claim?

[paulhn757]

Yes. I sent back the PAP form stating they hadnt supplied the correct paperwork and that pdf is what they sent back

[dx100uk]

you dont seem to have uploaded the cancellation box sheet nor anything with a tickbox/dates name typed in //ie your signup agreeing?

did they not supply those? 

ps ive redacted things too...you left your name on both docs..is the address correct for time of takeout for each set of T&C's/Agreement? (note they are diff updated T&C  periods) 

have a look at PRA barclaycard threads already here, you'll see that (base) agreement return already.... its identical.